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Agreement No. D99-12£ <br />WHEREAS, the adopted TMDLs contain requirements for studies, monitoring and the <br />development of programs to attain TMDL reduction targets over a multi-year period; <br />and, <br />WHEREAS, the ORIGINAL PARTIES entered into Agreement No. D99-128 on <br />September 18, 2003, referred to hereinafter as "AGREEMENT", to provide funding for the <br />Nutrient, Fecal Coliform and Toxics Total Maximum Daily Load (TMDL) studies in the <br />Newport Bay Watershed; and, <br />WHEREAS, the PARTIES approved Amendment No. 1 to AGREEMENT on July 5, <br />2006, which amended Sections 3 (Funding), 4 (Program Budgets and Costs), 5 (Payments), <br />10 (No Third Party Beneficiaries), and 16 (Notices), and Exhibits A and C in their <br />entirety and added CALTRANS, LENNAR, Tustin Legacy Community Partners, and Orange <br />County Great Park Corporation as AGREEMENT participants; and, <br />WHEREAS, the PARTIES approved Amendment No. 2 to AGREEMENT on March 29, <br />2008 to extend the term of the AGREEMENT for two (2) years to be consistent with the <br />end of the current phase of the Nitrogen and Selenium Management Program and to <br />recognize-prior payments for services made directly by CALTRANS and IRWD, for work <br />plan development and Bay algae studies respectively; and, <br />WHEREAS, pursuant to Section 6 of the AGREEMENT, the AGREEMENT may be amended in <br />writing only with the unanimous written approval of the PARTIES; and, <br />WHEREAS, Tustin Legacy Community Partners and CalTrans have withdrawn from the <br />AGREEMENT effective June 30, 2010, and Orange County Great Park Corporation has <br />combined as a PARTY with IRVINE; and, <br />WHEREAS, the PARTIES desire to extend the AGREEMENT through June 30, 2012 to <br />provide for the performance of studies, monitoring and the development of programs and <br />long-term funding to attain TMDL reduction targets over a multi-year period; and, <br />WHEREAS, in the event that long-term watershed funding is secured prior to <br />AGREEMENT expiration, the PARTIES intend to further amend the AGREEMENT to incorporate <br />this funding through revised cost share allocations; and, <br />2 <br />Final Version 7/8/201